Sunset Provision
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In public policy, a sunset provision or sunset clause is a provision in a statute or regulation that terminates or repeals all or portions of the law after a specific date, unless further legislative action is taken to extend it. Not all laws have sunset clauses; in such cases, the law goes on indefinitely.
Examples in
Sunset provisions have been used extensively throughout legal history. Some high-profile examples in American law include:Sedition Act of 1798
Part of the Alien and Sedition Acts, the Sedition Act was a political tool used by John Adams and the Federalist Party to suppress opposition. The authors ensured the act would terminate at the end of Adams's term so that it could not be used by Democratic-Republicans against his own party.
USA PATRIOT Act
Under §224 of the USA PATRIOT Act, several of the surveillance portions originally expired on December 31, 2005 http://fpc.state.gov/documents/organization/34499.pdf USA PATRIOT Act Sunset: Provisions that Expire on December 31, 2005, these have since been renewed, but has expired on March 10 2006. The USA PATRIOT Act is set to sunset the following provisions:- §201 Wiretapping for terrorism cases
- §202 Wiretapping for computer fraud and abuse
- §203(b) and (d) Sharing of wiretap and foreign intelligence information
- §§204, 206, 207, 214, 215, 218, and 225 Foreign Intelligence Surveillance Act related sections including roving wiretaps
- §209 Warranted seizure of voicemail messages
- §217 Computer trespasser communications
- §220 Nationwide service or warrants for electronic evidence
- §223 Privacy violation civil liability
Assault Weapons Ban
In 2004 the sunset provision of the assault weapons ban terminated the law. At the time, President George W. Bush was subject to considerable criticism for failing to urge Republicans in Congress to renew the ban.Estate Tax
In the Economic Growth and Tax Relief Reconciliation Act of 2001 the US Congress enacted a phaseout of the federal estate tax over the following 10 years, so that the tax would be completely repealed in 2010. However, a sunset provision in the Act reinstates the tax to its original levels on January 1, 2011. As of May 17, 2005, Republicans in Congress have tried to repeal the sunset provision, but their efforts have been unsuccessful. Uncertainty over the prolonged existence of the sunset provision has made estate planning more complicated.Texas' Sunset Statute
Texas' Sunset process works by setting a date on which an agency (except those established by the Texas Constitution) will be abolished unless legislation is passed to continue its functions. This creates a unique opportunity for the Legislature to look closely at each agency and make fundamental changes to an agency's mission or operations if needed. Agencies are typically reviewed every 12 years. About 20 to 30 agencies go through the Sunset process each legislative session.The Sunset process is guided by a 12-member body of legislators and public members appointed by the Lieutenant Governor and the Speaker of the House of Representatives. Assisting the Commission is a staff whose reports provide an assessment of an agency's programs, giving the Legislature the information needed to draw conclusions about the agencies under review.
Alabama has a similar review process with a more limited number of agencies and a review cycle of every four years. http://www.examiners.state.al.us/SunsetComm.htm
United Kingdom
In the United Kingdom the income tax is legislated for afresh on a yearly basis by Act of Parliament. More recently, the inclusion of a 'sunset clause' caused mass political debate, and public interest in early 2005, during Labour's proposals of the 2005 Anti-Terrorism Bill.Canada
In Canada all legislation enacted under Section Thirty-three of the Canadian Charter of Rights and Freedoms (the notwithstanding clause) has an implied sunset clause of five years.Australia
In 2005, the Australian Government decided to legislate new Anti-Terrorism laws. These laws have a sunset clause of five years.Notes
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